A Waukesha County man who retired from the North Shore Fire Department over an arm injury has sued Fox News and anchor Megyn Kelly for their 2011 coverage of the fact he runs marathons while collecting disability payments.

Aaron Marjala's suit, filed in Milwaukee County Circuit Court, also names New York attorney Lee Armstrong, a guest commentator on Kelly's show, and Robert C. Whitaker, the chief of the North Shore Fire Department, as defendants. The action for "defamation per se" seeks unspecified actual, consequential and punitive damages, plus attorneys fees and costs, and any other relief a court may deem "just and equitable."

Marjala is represented by Michael F. Hart and Craig S. Powell of Kohler and Hart.

Marjala worked as a firefighter with North Shore from 2002 until he was determined to be permanently disabled as a firefighter in January 2008, due to nerve damage in his right arm that persisted despite two surgeries, according to the complaint.

In September 2011, WITI-TV (Channel 6), Milwaukee's Fox affiliate, broadcast a story highlighting Marjala's continued participation in marathons while on disability. In that report, Whitaker said Marjala's payments "needs to be exposed," and "The system may need some reform," implying that Marjala's case involved fraud or abuse, according to the complaint.

The national Fox News picked up the story a few days later on "Kelly's Court" (Kelly is a lawyer). Kelly introduced the story by saying Marjala "banged his funny bone on a kitchen counter at a Milwaukee firehouse. Oh the horror."

A version of the Fox News story remains on its website. It was also picked up by ABC News and other Internet outlets worldwide. The original Fox 6 Milwaukee story was not readily available Friday.

Her banter with Armstrong about the case "falsely communicated to viewers that Marjala was not really injured at all, that Marjala deserved scorn and ridicule for even applying for disability status, and that Marjala had committed a crime," the suit contends.

The commentators also suggested Marjala's relative made the medical determination, that he was claiming 100% disability and to be unable to "push paper."

The complaint says Marjala's was determined -- by independent state doctors after extensive testing -- to be 15% disabled, and that he requested a light duty assignment at North Shore Fire but was denied.

Whittaker declined to comment about the lawsuit, and spokeswoman for Fox News said the station never comments on pending litigation. Armstrong did not return an email seeking reponse by midday Friday.

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